Bill Text: NY A00089 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 89 (Prior Session Legislation)

Introduced

Bill Title: Requires the district attorney to notify victims by letter of the final disposition of the case within sixty days of such disposition; such letter shall also notify victims of their right to make a victim impact statement and allows them to personally appear at parole hearing and make such a statement.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A00089 Detail]

Download: New_York-2015-A00089-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          89
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M. of A. SIMANOWITZ, MILLER -- read once and referred to
         the Committee on Codes
       AN ACT to amend the criminal procedure law,  in  relation  to  requiring
         victims  be informed of right to make victim impact statement to divi-
         sion of parole and to appear at parole hearing
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 1 of section 440.50 of the criminal procedure
    2  law, as amended by section 80 of subpart B of part C of  chapter  62  of
    3  the laws of 2011, is amended to read as follows:
    4    1.  [Upon  the  request of a victim of a crime, or in any event in all
    5  cases in which the final disposition includes a conviction of a  violent
    6  felony  offense as defined in section 70.02 of the penal law or a felony
    7  defined in article  one  hundred  twenty-five  of  such  law,  the]  THE
    8  district  attorney  shall, within sixty days of the final disposition of
    9  the case, inform the victim by letter of such final disposition. If such
   10  final disposition results in the commitment  of  the  defendant  to  the
   11  custody  of  the department of corrections and community supervision for
   12  an indeterminate sentence, the notice provided to the crime victim shall
   13  also inform the victim of his or her right to submit a  written,  audio-
   14  taped,  or  videotaped  victim  impact  statement  to  the department of
   15  corrections and community supervision or to [meet]  personally  [with  a
   16  member  of  the state board of parole] APPEAR at [a time and place sepa-
   17  rate from] the personal interview between a member  or  members  of  the
   18  board  and  the  inmate and make such a statement, subject to procedures
   19  and limitations contained in rules of the board, both pursuant to subdi-
   20  vision two of section two hundred fifty-nine-i of the executive law. The
   21  right of the victim under this subdivision to submit  a  written  victim
   22  impact  statement or to meet personally with a member of the state board
   23  of parole applies to each personal interview between a member or members
   24  of the board and the inmate.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00202-01-5